CHAPTER III
UNION AND ISOLATION
Even an incomplete survey of Jefferson's activities in Paris would convince any one that at all times the preoccupation uppermost in his mind was to defend and further the interests of the United States. He shared practically without any reservation the commonly accepted theory of his time that self-interest is the most powerful motive of human actions, and that enlightened self-interest is the true foundation of morality. Never a sentimentalist, he felt it his duty to put all the questions he had to discuss on a purely practical basis, neglecting every other consideration. He had been welcomed enthusiastically and would have been lionized if he had permitted it. But in the midst of the adulation showered upon him by Madame d'Houdetot, Madame de Tessé and the friends of liberty, he endeavored to keep a cool head; and at the end of his first year in France, he summed up as follows his views of the situation:
The body of the people of this country love us cordially. But ministers and merchants love nobody. The merchants here, are endeavoring to exclude us from their islands, the ministers will be governed in it by their political motives, and will do it or not do it, as these shall appear to dictate, without love or hatred to anybody. It were to be wished that they were able to combine better, the various circumstances which prove, beyond a doubt, that all the advantages of their colonies result in the end, to the mother country.[154]
Representing a country hardly organized, without any diplomatic traditions, and inexperienced in dealing with foreign affairs, Jefferson had no easy task. One of his first duties was to convince the diplomats he was dealing with that America was a country to be trusted, in which existed a certain permanency and some sort of responsible organization with which it was possible to deal. This preoccupation influenced to such an extent his views on the American Constitution that they can be considered to a large extent a result of his experiences in Europe.
As chairman of the committee on the ratification of the peace treaties, as plenipotentiary entrusted with the negotiations of the treaties of commerce, Jefferson had more than once felt how insufficient were the Articles of Confederation. He had repeatedly proclaimed that to all intents and purposes the United States were to be regarded as one nation; but as long as treaties with foreign powers had to be ratified not only by Congress but by the different States, as long as delegates had to refer constantly to the particular States they represented, the Federal organization remained a very clumsy, inefficient piece of machinery, and business could not be transacted. He never thought for an instant that it was possible or desirable for the former colonies to remain completely independent; they had at least to form a society of nations in order to insure their very existence and their development. His first months in Europe could only confirm him in these views, and he wrote to Madison at the end of 1786: "To make us one nation as to foreign concerns, and keep us distinct in domestic ones, gives the outlines of the proper division of powers between the general and particular governments. But to enable the federal head to exercise the powers given it to best advantage, it should be organized as the particular ones are, into legislative, executive and judiciary."
At that date, however, he had not admitted the desirability of appointing a single executive and came back to all his proposals of vesting the executive powers in a committee of the States, leaving to Congress the legislative authority.
To Adams, who saw in Congress "not a legislative but a diplomatic assembly", he protested that it was an opinion not entirely correct and not likely to do good. As a matter of fact, in forming a confederation, the individual States yielded some parts of their sovereignty to Congress, and these parts were both legislative and executive. The confederation was part of the law of the land, and "superior in authority to the ordinary laws, because it cannot be altered by the legislature of any one State." It is not without piquancy to remark here that the man who was to become the champion of State rights and decentralization was advocating a strong Federal bond, while the future Federalist was in favor of a very loose association of States, truly a sort of League of Nations. In Jefferson's view, on the contrary, the United States as such were endowed with a sort of super-power, while the independent States retained only those rights which they were able to exercise fully.[155] On the other hand, Congress should have absolutely no authority over acts which do not concern the confederacy. In case of conflict an appeal could be made "from a state judicature to a Federal court", in other words to a Supreme Court, and there again Jefferson takes the position which his enemies were fifteen years later to defend against him, namely that there ought to be some power above Congress to restrain it.